The Peruvian legislation in regards to biopiracy comes in the form of a trade bloc Decision i.e. the Andean Community (CAN, whose members are Bolivia, Colombia, Ecuador and Peru) Decision 391 ‘Establishing the Common Regime on Access to Genetic Resources’.
The report shows that the Biopiracy Commission has resolved 15 cases, 6 of which related to ‘maca’. Patents granted using ‘maca’ for the production of medicaments for the treatment of osteoporosis, insomnia and to increase testosterone and as a nutritional supplement were successfully invalidated after the Commission intervention in Japan, Korea and Europe. Other cases have been successful at early stages since the Biopiracy Commission has opposed to the patent applications.
The president of the National Commission Against Biopiracy noted “the Peruvian State has sovereign rights over their genetic resources; while indigenous peoples have rights to the collective knowledge they have created, developed and preserved through the centuries.”